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That signaled to us a “beleaguered republic,” one in which the phantoms harbored by the Constitution are harder to contain and prone to take flight.Jack Balkin’s rumination on doppelgangers for the Deep State and the unitary executive is equally on point. [read post]

Balkinization - http://balkin.blogspot.com/

Guest Post: Q2 Stock Drop Stats Buoy High Court’s Goldman Ruling

15 Jul 2021, 2:54 pm by Kevin LaCroix

Circuit Judge Paul W. [read post]

The D & O Diary - http://www.dandodiary.com/

A History of Corporate Whistleblower Protection Laws and the Efforts to Undermine Them

13 Jul 2021, 5:30 am by Sherron Watkins

Enron’s collapse was swift and stunning. [read post]

Whistleblower Protection Blog - http://www.whistleblowersblog.org/

U.S. SUPREME COURT HOLDS THAT TEMPORARY ACCESS TO PRIVATE PROPERTY THAT IS APPROPRIATED BY THE GOVERNMENT IS A PER SE PHYSICAL TAKING, GIVING RISE TO NUMEROUS NEW QUESTIONS ABOUT THE LAWFULNESS OF MANY GOVERNMENT INSPECTION REGIMES

13 Jul 2021, 3:00 am by Glen C. Hansen and Daniel S. Cucchi

On June 23, 2021, the United States Supreme Court held in a 6-3 ruling written by Chief Justice John Roberts in Cedar Point Nursery v. [read post]

Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/

U.S. SUPREME COURT HOLDS THAT TEMPORARY ACCESS TO PRIVATE PROPERTY THAT IS APPROPRIATED BY THE GOVERNMENT IS A PER SE PHYSICAL TAKING, GIVING RISE TO NUMEROUS NEW QUESTIONS ABOUT THE LAWFULNESS OF MANY GOVERNMENT INSPECTION REGIMES

13 Jul 2021, 3:00 am by Glen C. Hansen and Daniel S. Cucchi

On June 23, 2021, the United States Supreme Court held in a 6-3 ruling written by Chief Justice John Roberts in Cedar Point Nursery v. [read post]

Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/

[Eugene Volokh] Compelled Nondiscrimination in the Subscription Function

12 Jul 2021, 9:40 am by Eugene Volokh

See R.A.V. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] The Lack of a Sufficient "Common Theme" on the Large Social Media Platforms

9 Jul 2021, 10:41 am by Eugene Volokh

"[159] Likewise with Turner, which Hurley expressly distinguished: [W]hen dissemination of a view contrary to one's own is forced upon a speaker intimately connected with the communication advanced, the speaker's right to autonomy over the message is compromised…. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A Belated Response to My Colleagues

8 Jul 2021, 6:00 am by Guest Blogger

Imagine that an election were conducted according to the compact, and two or three states found themselves casting their electoral votes for candidates who had lost the popular vote in their states. [read post]

Balkinization - http://balkin.blogspot.com/

A Bumper Crop: Cannabis Meets Business Divorce

6 Jul 2021, 4:23 am by Franklin C. McRoberts

Unless you’ve been living under a rock, you’ve probably heard that a little over two months ago, New York State Governor Andrew M. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

American Democracy, Coups and Retired Generals

1 Jul 2021, 7:48 am by Rachel E. VanLandingham

David M. [read post]

Lawfare - http://www.lawfareblog.com/

Trust and Estate Implications Involving Potentially Incapacitated Persons S.T. v. 1515 Broad Street, LLC (A-87-18)

28 Jun 2021, 12:35 pm by Vercammen Law

’s “[m]easures of verbal comprehension . [read post]